Church that offers temporary housing - occupancy classification?

[NCRooster]

We have an upcoming church project in NJ that would like the option to offer temporary housing as needed. My understanding is that this would occur only if a member (and their family) needs a place to stay for a short time; however, I can't rule out that they may extend this to non-members as well. The church would offer this on a case-by-case basis, so I expect there may be times where a family stays for just a week, and other times where a family stays for 6 months. There are four Sunday school classrooms - they would set aside 1 or 2 of these for families when needed. There will be an accessible bathroom with a shower next to the classrooms.

What would be the correct occupancy type for this? I'm thinking R-1 when the occupants are staying for less than a month. For longer term occupants, I'm thinking R-3 or R-5 when there's 5 or fewer people (not sure how to choose between these), and R-2 if the occupants exceed 5. I'm operating under the assumption that these sleeping units would qualify as a "rooming house" - please let me know if you disagree. It seems that this fits the definition of a "congregate living facility" ("a building arranged or part thereof that contains sleeping units where residents share bathroom or kitchen facilities or both"), but none of the Group R definitions in Chapter 3 list this.

Perhaps it makes the most sense to just go ahead and plan for whichever of these is the most restrictive? Or would it make more sense for the church to apply for some sort of temporary use permit any time they actually have someone staying there? I'm not from NJ so I will need to do some digging on this.

Building info: A-3 occupancy, Type VB, sprinklered throughout. One main level for the sanctuary & classrooms, a partial second floor with the balcony and a small administrative area, and a partial basement with storage & mechanical, with elevator access to all floors.

Would love to hear any and all thoughts! Happy to provide more information as needed.

 

[NCRooster]

Some additional notes... NJ uses a modified version of the 2021 IBC. There are quite a few modifications to the 310 Group R section, including changes in the cut-off number of residents for R-2 and R-3, and the addition of the Group R-5, which isn't in IBC 2021 at all. Also, it seems that "congregate living facility" was cut out from the NJ version, although it is still listed in the definitions.

 

[mtlogcabin]

Will this require a Conditional Use Permit (CUP) or something similar from zoning? If so the language/conditions below might help with presenting the project to the AHJ

Here is the language the state of Montana legislature adopted in the last session.

(9) (a) The department shall permit a place of religious worship to use its building space to accommodate temporary overnight visitors for the purpose of religious retreats, ministry programs, overnight events, and emergency or catastrophic occurrences or to provide shelter or to accommodate displaced persons due to hardship or inclement weather, provided that:

(i) a place of religious worship may not accommodate overnight visitors in the aggregate for more than 75 days in a calendar year unless the governor has declared a state of emergency pursuant to 10-3-303 or exigent circumstances exist;

(ii) a place of religious worship acting in accordance with this subsection (9) may not charge for the temporary accommodation of overnight visitors; and

(iii) a place of religious worship that temporarily accommodates overnight visitors as provided in this subsection (9) has one of the following:

(A) an automatic fire sprinkler system in the area used for temporary overnight accommodations that is monitored by a third party; or

(B) a hard-wired, stand-alone fire and smoke alarm in the area used for temporary overnight accommodations in addition to an exit door or window opening directly to a public way, exit court, or yard area.

(b) The use of places of religious worship that offer temporary overnight accommodations as allowed in subsection (9)(a) is not a change in occupancy, purpose, or use.

(c) A place of religious worship is not in violation of the state building code for the sole reason that the place of religious worship hosts temporary overnight visitors as allowed in subsection (9)(a).

(10) As used in this section, "place of religious worship" means a building or portion of a building that is intended for the performance of religious services classified as assembly group A-3 by the International Building Code as it read on January 1, 2023.

 

[NCRooster]

Thanks mtlogcabin. Looking in the NJ Uniform Construction Code, there seems to be a similar allowance, though it's more restrictive than Montana's.

2.6(b) Change of Use: It shall be unlawful to change the use of any structure or portion thereof without the prior application for and issuance of a certificate of occupancy as provided below.

4. If any room or space incidental to a religious occupancy is being used as a hospitality room, accommodates 15 persons for emergency shelter, for 15 consecutive days or 50 days in a calendar year, and the activities involve planned periods of sleep, the building is considered to have undergone a change of use. In such case, it shall be necessary to apply for and be issued a Certificate of Occupancy. This shall be a dual Certificate of Occupancy to allow Use Group R-1, in addition to the existing use of the building. Any religious facility that accommodates fewer stays within a calendar year shall obtain a permit under the Uniform Fire Code, NJAC 5:70.

And here is the referenced NJ Uniform Fire Code excerpt:

2.7(a) Permits shall be required and obtained from the local enforcement agency for the activities specified in this section, except where they are an integral part of a process or activity by reason of which the use is required to be registered and regulated as a life hazard use. Permits shall at all times be kept in the premises designated therein and shall at all times be subject to inspection by the fire official.

(xvii) The use of any Group A-4 use, place of worship, as a shelter with a maximum permitted occupant load of 14 persons, for 14 or fewer consecutive days, for not more than 49 days in a year in accordance with Section 408.15 of the State Fire Prevention Code.

2.7(g) A permit shall remain in effect until revoked, or for one year unless a shorter period of time is otherwise specified.

So if I'm understanding correctly, there are two options, depending on which one suits the owners best:
(1) If people will be staying for 2 weeks max, a few times a year max, the owners need to get a permit from the town. The permit would last 1 year max, so they would need to renew it once a year.
(2) If there will be occupants staying for more than 2 weeks at a time, then we need to go ahead and permit the building as mixed use A-3 & R-1. This would mean the owners don't need to apply for any separate annual permits.

However, Group R-1 is for transient residents only (meaning 30 days max)... so it seems like if the church is going to have occupants staying for longer than that, then we should go ahead and aim for mixed occupancy A-3 & R-3 (and also R-1?). Does this seem like the right interpretation?